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HomeMy WebLinkAbout7/16/2008 - STAFF REPORTS - RA.4. OF'PALM Spy V N ry�O cql/FO OL�P COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE: July 16, 2008 NEW BUSINESS SUBJECT: AWARD OF CONTRACT FOR THE DOWNTOWN TRASH ENCLOSURE AND ALLEYWAY ENHANCEMENTS, CITY PROJECT NO. 07-26 FROM: David H. Ready, Executive Director BY: Public Works and Engineering Department SUMMARY The Downtown Trash Enclosure Redesign and Alleyway Enhancements, City Project Nos. 07-26, is a project being undertaken by the Agency to address concerns with the cleanliness, functionality and appearance of the trash enclosure and surrounding area. Award of this contract will allow staff to proceed with the planned improvements to the trash enclosure and downtown alleyway. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AMENDING THE BUDGET FOR THE 2008-09 FISCAL YEAR;" and 2) Adopt Resolution No. , "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING AGREEMENT NO. IN THE AMOUNT OF $291,195 WITH G&M CONSTRUCTION FOR BID SCHEDULES A, B AND ADDITIVE BID SCHEDULE C, FOR THE DOWNTOWN TRASH ENCLOSURE AND ALLEYWAY ENHANCEMENTS, CITY PROJECT 07-26;" and 3) Authorize the Executive Director or his designee to execute all necessary documents. STAFF ANALYSIS: The Downtown Trash Enclosure Redesign and Alleyway Enhancements, City Project No. 07-26, is a project being undertaken by the Agency to address concerns with the ITEM NO. i Community Redevelopment Agency Staff Report July 16,2008-Page 2 Downtown Trash Enclosure and Alleyway Enhancements(City Project No. 07-26) cleanliness, functionality and appearance of the trash enclosure and surrounding area between the Downtown Parking Structure and Palm Canyon Drive. As part of the improvement to the area, the Agency has undertaken the redesign of the existing trash enclosure as well as to install decorative concrete pavers and other improvements to the alleyway between Pomme Frite and The Chop House, as it is a major entry to the downtown. The enclosure is located on City-owned property but a portion of the alleyway improvements will be undertaken on private property, pursuant to an Easement Agreement entered into between the Agency and the property owner. On November 7, 2007, the Community Redevelopment Agency approved an agreement with DMC Design Group, Inc. a professional engineering and surveying consultant, for survey and design services for the redesign of the downtown trash enclosure, and an agreement with David Volz Design (DVD), a landscape architectural firm for the design of enhancements to the downtown alleyway between the multi-level parking structure and Palm Canyon Drive. On May 7, 2008, the Community Redevelopment Agency approved the plans and specifications and authorized construction bidding. On May 17 and 24, the project was advertised for bids, and at 2:00 p.m. on June 20, 2008, the Procurement and Contracting Division received construction bids from the following contractors: 1. Tyner Paving Company (non-responsive) 2. G&M Construction; $291,195 3. Simon Contracting (non-responsive) 4. 4-Con Engineering, Inc.; $562,915 Refer to Attachment 1 for the Bid Summary. The Engineer's Estimate was $310,000. The apparent low bidder was Simon Contracting with a total bid of $264,859; however, the bid was considered non- responsive due to the Bidder's failure to comply with a requirement to perform not less than 50% of the work (the Bidder sub-contracted 62% of the work). Therefore, the second low bidder, G&M Construction was found to be the lowest responsive bidder. The company is a California corporation, and its principal officers are George Marantz, Dianne Marantz, and Brian Marantz. FISCAL IMPACT: Funding for this project is available through Community Redevelopment Agency funds, in account 811-8101-65199. The appropriate budget amendment is included for approval. 000©®2 Community Redevelopment Agency Staff Report July 16,2008-Page 3 Downtown Trash Enclosure and Alleyway Enhancements (City Project No, 07-26) SUBMITTED: , a M DAVID J. BARAKIAN OHN . A OND Director of Public Works/City Engineer .rect of C munity & Economic Development DAVID H. READY THOMAS J. LSON Executive Director G Assistant City Manager Attachments: 1. Bid Summary 2. Resolutions (2) 3. Agreement ATTACHMENTI BID SUMMARY DOWNTOWN ALLEY AND TRASH ENCLOSURE ENHANCEMENTS CITY PROJECT 07.26 LLD SUMMARY Bid Schedule Ennineers Eethree Tyner Paving Company GAM Censhuclion Simon Contracting &Con Englnretlng,Inc. ID IiE DESCRIPTION oUANTI UNIT UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL 1 Mdbp,vmn 1 LS 5000 5ffi-coo o0 515000.Oo 5750000 57SoO ao 54125.00 3412500 527 000.00 ;27 00000 2 Clanton Removals end Demolition 1 LS 55 coo 00 55 00o Do 520000 00 s7o o00 00 SB Goo ad I 59600.00 S9 E0000 Sfi B00.00 315 000A0 1 $15 coo oo 3 Construct&I Sleek Walla 1 LS S42 Coo 00 S12 000 00 3s60090 S650000 51050000 510 S0000 S14175110 $14 175 00 375000.00 r75000.00 4 Poencilo and Install Decorative Stool Pantile 1 LS 5o Do $12000.00 $12 000 00 S35 Coo 00 53500000 ,t3341500 S32475.00 661000 Go S61 ace cc 5 Conswct G"PCC Pavomenl 1G5 5F 325.00 $4125.00 sic 00 S165C.00 $9.00 314BS 00 S11.00 at 81500 SIB 00 52070.00 G Con sinmt 8'RolnlcmedP C.0 Povnm.nl 710 Be $3000 521300.E $15.00 $10 650 00 512.00 58520.00 3700 5497000 32000 51420E 00 7 Grope Heav)Duty Floor Oran TO Hln000 W.M.g Tran¢.11.. 2 C4 5t 000 00 52 sea 00 $1 coo 0c 52 add 00 31,500 do 93 000.00 3565,00 51 220 00 s1 000.00 a0oc on 5 10slall 3'Schedule 40 PVC Drain Pie 50 LF Sao 00 5100000 nice Q9 55000.00 55000 5250000 S23.35 ,1 157 50 S20.00 51000.00 9 Inatall Temtlh31 Cleancut 1 EA S50.00 S50 tic S50000 750000 S1 coo cc 5100000 S44o 00 54400o mu 00 335E 0o 10 Install Trash Compactor Steel Wheel Trucks too LF Ban 00 52500.00 $10000 51000000 52500 Sz90o 00 527.00 52700.00 59500 S8500.00 11 Inatall Electric Water Heamr-Cora Lets and 0 erational 1 L;, S2.50000 37 500 00 S10,00000 510 000.00 32 30C 00 S2 500.00 51 470 00 51,470 00 $2,00000 1200000 12 C.loplet WeOportional hElecric Metal Roll-Up Door- 2 EA 575ad 00 51500000 54,00000 SB coo no 5500000 510,00000 $460000 $9200.00 27500 do $1500000 Cora Icte AndO omllonel 13 Instill S'I^Wdex7.10'High Elsome Metal Roll-Up Door- EA 54 BIG 0c 52500.00 3;000 Do 545000o 54500.00 5195000 6195000 59500.00 555000a -2ora Iclo and0 ornlloael 1 14000.00 14 RsinslalI Stcc15wln Gel. 1 EA 5500.00 550000 s'SOoo00 55000.00 55000E 550000 92]500 s2]500 52000.00 5200000 15 Inctall Waters stem lat mvcmcnt:-Complete and D eratlonal 1 LS s250000 5250000 S500000 s5000 C0 S200o o0 52000.00 5118000 51180.00 95 OOOD0 550000a 16 InBiail Licoth rllLlghling lmWevemems-Completo and LS SIG Coo 00 S10000.00 J2000000 S2000000 510000.00 1 31000000 320335 CC 520335.00 346,000.00 546000.00 0 eraLaml 1 TOTAL $112,475.00 TOTAL S133000.00 TOTAL $111,106,0o TOTAL $105,207,50 TOTAL Z2e2,520.00 Did Schedule 6 Englneers Estlmate Tyner Paving Company GEM Conehuctlon Simon Con[oi &Con Engineering,Inc. 101TE DESCRIPTION UANTI UNIT UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL 1 Mobllli3tlit 1 LS 9B]1768 5671T 68 5150000o Z15 Gaud 375oo.00 57500 Cal 5500000 G500000 Sod 00000 32400000 2 lnl..dnh Removals and Demolition I LS 911950.00 11195000 32000000 $2000000 52ti5oc c0 S26500.00 S9 T35.00 59735.00 537 500 00 S275oo 00 3 Conaract 9"Full Depth Color PD.D Povcmonl 1000 Be 51920 S19200.00 51500 515 coo 00 510.Oo 510000.00 59 e0 86000.00 5tP 00 51800000 4 Construct 9"Full On th Color Remforaed P C C Pavnmonl 200 IF 51400 5280000 $N 00 S4000.06 S1000 53000 Go 51525 5305000 S20 Do 54000011 5 Conslmdt 5'Full Depth Color C.0 Pavement 55C 5F 51200 31140900 51a 0o 59500.00 $700 SE E50 Cc 5775 57 367 90 Sle cc s1520000 6 Cons tvds"FUII Oe tit Color Reinforcer PCC pavement 120 5P s1400 Si Goo cc S1500 31B0000 5100 5840.00 S1020 S122400 s1900 12200.00 7 ConsWd A". COncrOtd P3vtlr Surface 1250 SF 519.o0 $22500.00 31500� S1B7500o $15.00 51 a'19900 51 S]0 $23 375 00 5a1 ao E26250.00 5 Construe!Pedeslnan Concretn Paver SuRsce 13C 5F $16.00 5295000 f,150o 51950.00 $2000 S2 G00.00 S21.00 57779 UD 520.50 9266500 9 Fuml:h and Install 10'Diameter Blue PI 0BolleNs 1 ] 1 EA 1 $50000 S250100 .11000.00 370a9A6 5750 do S5250.00 SE2500 35775.0C 550000 S3 BCD 0o 10 Install ClectneallU hllti S Stem-Cam late and O rational I LG 53a 316.E 533 316 00 530 000 00l 530 ooc cc S30 000 00 530 000 00 S36 sco do 535 500 00 536 ore 00 S36,00000 11 Fabbenle and Install Onwrative Metal Wall 1 LS 53B 000.00 538000.00 32000000 S20000 C0 545000.00 545 000 00 53040030 s3040000 174 Coo Do 574000.00 TOTAL 51sa,143,68 TOTAL $143.000.00 TOTAL S1S5,030.00 TOTAL 510d,t51so TOTAL $243.395.09 RID TOTAL S26S 6113.63 RID TOTAL $276,100.00 BID TOTAL $260,195,00 BID TOTAL $242,359.00 810 TOTAL 552S 915.00 Additive Did Schedule C Engineer:@Mimed, Tyner Paving Company GAM Construction Simon Contracting &Con Engineering,Inc. I0 f1E DESCRIPTION WN'n UNIT UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL UNITPRICE TOTAL 1 EUIItlIno9l fl M'Iall 0'amental Metal Wall Exlenaon(9cM'con 1 LS S20.00000 Zed 00000 5900000E S30000.00 52500000 S25 COO 00 s22500.00 577 50000 Z3700000 -IT 00000 GRAND TOTAL 32Bs,s18.09 GRAND TOTAL 3306,900.00 GRAND TOTAL $291,195.00 GRAND TOTAL 3264,659,00 GRAND TOTAL $SEZ,915.00 d �i ATTACHMENT RESOLUTIONS Woes RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AMENDING THE BUDGET FOR THE 2008-09 FISCAL YEAR. WHEREAS Resolution 1356 approving the budget for the fiscal year 2008-09 was adopted on June 18, 2008; and WHEREAS the Executive Director has recommended, and the Community Redevelopment Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1356, adopting the budget for the 2008-09 fiscal year is hereby amended as follows: SECTION 1. ADDITION Fund Activity Account Amount 811 8191 65199 $325,000 Purpose: Downtown Trash Enclosure and Alleyway Enhancements, City Project No. 07-26 SECTION 2. SOURCE Merged Area #1 Fund Balance Fund Activq Account Amount 811 29301 $325,000 ADOPTED this 16th day of July, 2008. Steve Pougnet, Chairman ATTEST: James Thompson, Assistant Secretary QdQ�u�7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on July 16, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, Assistant Secretary Community Redevelopment Agency of the City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING AGREEMENT NO. IN THE AMOUNT OF $291,195 WITH G&M CONSTRUCTION FOR BID SCHEDULES A, B AND ADDITIVE BID SCHEDULE C, FOR THE DOWNTOWN TRASH ENCLOSURE AND ALLEYWAY ENHANCEMENTS, CITY PROJECT 07-26 WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency"), is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 (et.seq.) to carry out the purpose of redevelopment in the City of Palm Springs, ("City"); WHEREAS, pursuant to Section 33447 of the Community Redevelopment Law, the Agency may finance the construction of public improvements that will be of benefit to and enhance the environment of the project area; WHEREAS, on November 7 2007, the Agency approved the award of contracts for the design of the Downtown Trash Enclosure and Alleyway Enhancements to the Consultants (DMC Design Group and David Volz Design); and WHEREAS, on May 7, 2008, the Agency approved the plans, specifications and estimate and authorized staff to bid the project; and WHEREAS, on June 20, 2008, bids were received for the project. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency hereby determines that the apparent low bidder, Simon Contracting, is non-responsive for failure to follow instructions included in the project specifications relating to subcontracts, for failure to perform, with its own organization, contract work amounting to at least 50% of the contract price. Section 2. The Agency hereby determines that G&M Construction is the lowest responsive bidder, and hereby approves Agreement No. in the amount of $291,195 with G&M Construction, for Bid Schedules A, B, and Additive Bid Schedule C, for the Downtown Trash Enclosure and Alleyway Enhancements, City Project No. 07- 26. Section 3. The Executive Director of the Agency and/or his designee, is authorized to execute all necessary documents. 0000�'9 Resolution No. Page 2 ADOPTED this 16th day of July, 2008. Steve Pougnet, Chairman ATTEST: James Thompson, Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on July 16, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, Assistant Secretary Community Redevelopment Agency of the City of Palm Springs, California ATTACHMENT AGREEMENT OHM AGREEMENT THIS AGREEMENT made this _ day of 200 by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and G & M Construction, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: DOWNTOWN ALLEY AND TRASH ENCLOSURE ENHANCEMENTS CITY PROJECT NO. 07-26 The Work generally consists of the construction of improvements to an existing trash enclosure located at the west side of the City's parking garage located at northwest corner of Indian Canyon Drive and Baristo Road; and removal of existing Portland cement concrete and installation of new decorative Portland cement concrete improvements, bollards, corten steel decorative panels, and lighting and electrical improvements, all located within an existing alley between the City's parking garage and commercial buildings located on Palm Canyon Drive. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $1,500 for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. 010C9 2 DOWNTOWN ALLEY&TRASH ENCLOSURE ENHANCEMENTS AGREEMENT FORM CITY PROJECT NO.07-26 AGREEMENT AND BONDS-PAGE 1 5/14/08 ARTICLE 3 -- CONTRACT PRICE $291,195.00 (Bid Schedules A, B and Additive Bid Schedule C) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers No. 1 to No. 4 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. DOWNTOWN ALLEY&TRASH ENCLOSURE ENHANCEMENTS AGREEMENT FORM CITY PROJECT NO 07-26 AGREEMENT AND BONDS-PAGE 2 5/14/08 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: APPROVED BY THE CITY COUNCIL: CITY OF PALM SPRINGS, CALIFORNIA Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date DOWNTOWN ALLEY&TRASH ENCLOSURE ENHANCEMENTS AGREEMENT FORM CITY PROJECT N0,07-26 AGREEMENT AND BONDS-PAGE 3 5114108 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: G &M Construction Check one:_Individual_Partnership X Corporation Address 211 West Mesquite Avenue Palm Springs, CA 92264 By: By: Signature (notarized) Signature (notarized) Name. Name: Title. Title. (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the fallowing: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of fl State of IJ County of ❑.$.$ County of LISS On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(,$) whose name(.$) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized Capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal. Notary Seal. OGG015 DOWNTOWN ALLEY&TRASH ENCLOSURE ENHANCEMENTS AGREEMENT FORM CITY PROJECT NO.07-26 AGREEMENT AND BONDS-PAGE 4 5114/08